SEHESTED
DECLARATION
UNITED SOUTHERN
STATES
DISTRICT
COURT YORK
DISTRICT
OF NEW
ARISTA
RECORDS
CORPORATION;
RECORDING LLC; ATLANTIC BMG MUSIC; CAPITOL ENTERTAINMENT
.RECORDS, INC,; ELEKTRA GROUP INC.; INTERSCOPE RECORDS LLC; MOTOWN PRIORITY RECORDS L/P.; MUSIC ENTERTAINMENT;:
INC.;
VIRGIN RECORDS RECORDS
WARNER
RECORDS·
RECORD
LAFACE
COMPANY, LLC; SONY BMG UMG RECORDINGS, AMERICA, INC.; and
INC.,
ECF CASE
BROS.
Piaintiff·%
06 Civ. 05936
(GEL)
LLC; LIME GROUP LLC; MARK and M.J.G. LIME GORTON; GREGBIISDSON; WIRE FAMILY LIMITED PARTNERSH1P·
LIME WIRE
Defendants·
DECLARATION DEFENDANTS PLAINTIFFS FURTHER
·
OF
THOMAS
EXCLUDE
SEHESTED
1TIE
IN OPPOSITION
TO
OF TH.OMAS FOR AND IN SUMMARY
MOTION
·
TO
DECLARATIONS
SEHESTED,
ANDREW
FAILURE
KEMPE, AND
TO DISCLOSE
·
Ka·THERYN FACI'UAL FOR
COGGON WITNESSES
PAR2.·IAL
SUPPORT
OF PLAINTIFFS
MOTION
JUDGMENT
I, THOMAS
1· I
:am
SEHESTED,
the co-founder
h·by
declare
as
:fallows:
and Chief
Executive
O·icer
of DtecNet facts
Saftware
and
ApS ("DtecNef;). I have persomfl knowledge of thefoUowing
sworn as:a
and, if called
witness,
could
competently testii·
thereta. of America
2.
DtecNet
was
engaged by the Recording Industry As·eiafian plaintiffs in
this
case
("R:IAA')
an
behalfaf
the
at·er
July 1'8, 2008
to assist
ingathering
evidence
as
to
whether
Statement
copies of the thirty sound recordings ("files'3 listed in Attachment
of
A to Plaintift·'
Undisputed Material by LimeWire
to my
Facts, dated
users.
July 18, 2008
('·Attachment A'),
3·
are
being shared
as an
Attached
EXhibit which
at
September 9,
used
2008
declaration
was
a
spreadsheet showing tile dates
on
DtecNet
Phex, apeer-to-peer
and
client
publiclyavailable lbr download
client with
http:!/www.phex.org,
at
Beal·hare,
'to
a
peer-to-peer
publicly available
identical
·
for download of each
http:/iwww.bearshare.eom,
A from two
download
ex)pies
hashes
to
a
of the files in Attachment
different
LimeWire
us.ers.
Due
corrupted dam file, DtecNet
re-performed this "task° Exhibit A
the dates
on
to
tliis
declaration
is
an
updated s·tsheet
hash· of each.of
presenting
the files
which
Dte·Net
downloaded. different
copies with identical
LimeWire
users·
in Attachment is aCD
A fi,om two
:Exhibit each
B to this declaration
eontaining.a opy
A.
ofa ·und
recording:matching
4· download
at
hash provided in Attachment used Wimshark,
a
DieNet
packet capture ciienI publicly avmlable
the transfer
for the
http://www.wireshatk,org,
to the
to doctunent
ofthosefiles
was
t·om dowdoaded
LimeWire
froma
user
DteeNet
computer,
transfer
thus· confirming that the file
ofe·acli file in Attachment between
''
LimeWire Wiresliark
user·
Dttring the
A, DtecNet
DtecNeffs
utilized computer
to
"capture" :all tim data -packetstransferral
user.
and theP2P
These'·paeket capture" or"..pcap
files eontain
all the data
As I slated,
they
are
identical
having the same (See http://www.rsa.com/rsalabs/node:asp?id=2927 ; ihtlp://blogs.zdnet.com/Ou/?p·09.) user's file is a copy a file with identical liashes, one users q'laus, if two LimeWire possess of the othen Seh·ted 09t09/08 DecL '[i 5,) (See
declaration, if two files have die same hash, files, not directly copi·l from one another, SHA-I hash (the kind of hash used by Lira(Wire and DteeNet)is 2^63.
in my The
September 9,
2008
two
probabilityof
2
about the transfer,
i·le
including the
P2P client.
user's In
IP address
and
proof that
the
user
transtbrred information
the about
·rsirtg a LimeWire
file name,
to
addition, the ".pcap" files contain
the file
was
the:audio
th:e file hash
and the date and rime ·reen·shot
&·wnload·,xt.
At
E·bit.C request
·is
declea'ation
contains review·xl
a
example ofa %ly·ap" file.
the
I ofptaimifl·,·, have that
files
each of the %pcap" files and I eonfil·
that
those
hashes
to
files indicate
each office
each
of the files download¢·l
by DtecNet
fi-om
two
(files witl ! identical
diftbrent
LimeWire
in Atl·ehrnent
A)
were
transferred
use·.
t
declare under penalty of perjury that the foregoing is
true
.and cotter.
Deeember·,
2008
Thomas
Sehested
3

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